Can I still take a carryover capital loss from closing my business if I have not taken the loss for the last two years?

I am on Social Security, and this year my wife is also on Social Security. This puts us over the limit for the Affordable Care Act. I have a carryover loss (capital loss) from closing my business. I have not taken the loss for the last two years. Can I now still take the loss for this year’s taxes? My only income is Social Security.

Capital losses carry over for life. The net limit per year that you can use is $3,000 for federal purposes, though. Pennsylvania does not permit capital loss carryovers.  

For example, if you have a capital loss carryover of $10,000 and you have current year gains of $5,000, you will show a $3,000 loss on your tax return. If you have the same capital loss carryover and no gains this year, you would again show a $3,000 loss on your tax return. 

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Answered by: Paul K. Rudoy, CPA, PFS, is managing partner of H2R CPA in Pittsburgh, Pa.